Res. Gambling law.

[Mr. T]

Unless there is a side agreement the health laws and fire laws do not apply to the Res. Casinos.

In MI. most if not all do their own inspections or hire it out, if at all.

So in some casino restaurants you have to be somewhat concerned of the food conditions, although most do a fine job.

But it is true if you get beat up by Res. security you are pretty much out of luck unless you go to Federal Court, and even that is iffy. So just behave when on the Res. Simple.:grin:

CP

I don't know about " So just behave when on the Res. Simple.:grin:"

In some third world casinos here if you win some serious money in the casino they will lock you up, shake you down and if that doesn't work you will get what you deserved.

 

[creeping panther]

T

I don't know about " So just behave when on the Res. Simple.:grin:"

In some third world casinos here if you win some serious money in the casino they will lock you up, shake you down and if that doesn't work you will get what you deserved.

If that is what happens than so be it,,,you need to do your homework before you play anywhere.

CP

 

[shadroch]

"I'm fairly sure the IRS does not break down audits by racial or ethnic groupings.
How would the IRS and/or its computer know a filer was a Native American when it pulls the return for auditing?"

Re: I.R.S.

Ethnicity is included on our census forms.
The zip codes of post offices serving reservations is public knowledge.
Nothing prevents a tax-payer OR a tax-evader from letting the I.R.S. know that they consider themselves exempt from income tax statutes.

As the vast majority of Native Americans have modest incomes, OR are below the poverty line, the unofficial position (within the I.R.S.) is that they have "bigger fish to fry."

"Facts on the Ground":
In much of the U S A marijuana laws are infrequently or at least unevenly enforced. In N.Y.S. possession of less than an ounce of marijuana is a $50 "violation" on the rare instances that someone is ticketed. Yes, ticketed. They cannot be arrested for possession of small amounts, as a violation is neither a misdemeanor nor a felony; just like jaywalking or littering. There is not even a permanent record kept.

Once more, you are all over the place trying to defend what you admit was a mis-statement.
1) The US Census shares no information with the IRS. None.
What information it shares with other government agencies is not done on an individual basis. No individual information is released from the census for either forty or fifty years. It used to be fifty, but may have been shortened.
What does NY States policy on small amounts of pot have to do with this, that or the price of tea in China?

 

[Automatic Monkey]

If that is what happens than so be it,,,you need to do your homework before you play anywhere.

CP

Just some clarification here: State and Federal criminal law apply on reservations. All people in the US have the same rights in criminal courts. A tribal court will sometimes hear criminal cases that only involve tribal members, if all parties agree. This issue came up in the case involving the UAW and Foxwoods, where a judge ruled than an American Indian or an employee of a reservation has the same right to join a union as any other person in America. It is a myth that you can be beaten, raped or kidnapped on a reservation with no consequences under US law. Indian casinos exist because the federal law supersedes state laws and the tribes received permission from the US to build casinos, being there is no federal law against casino gaming. States may not negotiate or sign treaties with tribes, but states with tribal casinos have received federal permission to engage in compacts to work out the details like road-building and taxes remitted to the state.

State and Federal civil law do not apply on reservations in cases between the tribe and civilians because the tribes are said to have sovereign immunity just like any other government. If you fall down the stairs in an IJ you won't be able to sue the casino for negligence. If another patron assaults you, you will have criminal and civil recourse against that person. If a casino security guard assaults you, you will have criminal and civil recourse against the guard as an individual, but any judgment may be hard to collect if he has no assets or employment outside the reservation. If the casino decides not to pay you your winnings, you will have no recourse in state court but you may get some relief under Federal law. Unlikely, because these laws haven't been tested yet, but no casino wants to be the test case for this so they will probably just pay you rather than get the bad press.

 

[creeping panther]

Am

Just some clarification here: State and Federal criminal law apply on reservations. All people in the US have the same rights in criminal courts. A tribal court will sometimes hear criminal cases that only involve tribal members, if all parties agree. This issue came up in the case involving the UAW and Foxwoods, where a judge ruled than an American Indian or an employee of a reservation has the same right to join a union as any other person in America. It is a myth that you can be beaten, raped or kidnapped on a reservation with no consequences under US law. Indian casinos exist because the federal law supersedes state laws and the tribes received permission from the US to build casinos, being there is no federal law against casino gaming. States may not negotiate or sign treaties with tribes, but states with tribal casinos have received federal permission to engage in compacts to work out the details like road-building and taxes remitted to the state.

State and Federal civil law do not apply on reservations in cases between the tribe and civilians because the tribes are said to have sovereign immunity just like any other government. If you fall down the stairs in an IJ you won't be able to sue the casino for negligence. If another patron assaults you, you will have criminal and civil recourse against that person. If a casino security guard assaults you, you will have criminal and civil recourse against the guard as an individual, but any judgment may be hard to collect if he has no assets or employment outside the reservation. If the casino decides not to pay you your winnings, you will have no recourse in state court but you may get some relief under Federal law. Unlikely, because these laws haven't been tested yet, but no casino wants to be the test case for this so they will probably just pay you rather than get the bad press.

AM, thanks for the great post, very well researched.

But.......in the real world.................You're F###%^ man!!!:eek::laugh:

CP

 

[psyduck]

I am just curious. Do people living in a reservation have IDs issued by the tribe to prove that they belong to the reservation? Who issues driver licenses, the tribe or state? Anyone?

 

[creeping panther]

Res

I am just curious. Do people living in a reservation have IDs issued by the tribe to prove that they belong to the reservation? Who issues driver licenses, the tribe or state? Anyone?

Yes and the state does drivers license.

CP

 

[paddywhack]

The state does drivers licenses.

CP

Yes, but Tribal tickets don't accrue points on your "state" license. Many have escaped harsh penalties, especially regarding DUI's.

 

[Automatic Monkey]

Some of the tribes have different rights for different levels of blood quantum, and they have all different BQ requirements for tribal membership.

I've never liked the idea of blood quantum because it is a racial principle and the diverse cultures of the tribes is what's important, not any claim to "racial purity" which is something that never really existed in the first place, for anyone. It won't be long before everyone can get their genome sequenced and compared to others in a database. It will be interesting to see what genetic commonalities there are between American tribesmen and Siberian tribesmen, and if the northeastern tribes have any Viking or Celtic DNA. Plus to see how we all relate to Basques, Ainu, Pacific Islanders, all the ancient peoples.

 

[mathman]

To each their own

I've played in a bunch of Native casino's over my years. For the most part I find them no different than any other casino. I used to do volunteer work for our local tribe to raise money every summer to fund their fire department before the tribe got their own casinos and quite frankly found them to be better people than allot of white people I know. Honorable and respectful of my friends and I even though we were white. Since they've opened their casinos I've seen nothing but professional treatment towards their patrons and fair games provided considering today's BJ world. Their comp system is very generous and I am treated very well by them. They have from time to time made cracks about me being an advantage player and being positive over all but done nothing to deter me from playing there. I since have made my self to be more of a loser by disposing of cheques to remove my self from the winning player list but the sharp PB's and PC's know better. When I read negative comments towards native casino's I can't help but think these players have brought this upon themselves by having a preconceived notion of the tribe they're dealing with. I view them as hard working, dedicated people working to bring their people out of poverty and into a decent way of life. I've seen medical centers and educational centers be built. I've also seen housing improve 200% for the nation. We tend to take what we have for granite and don't realize how many people from the nation were forced to live prior to casino's. I'm proud to have them for neighbors and friends. I'm also grateful to them for providing me a Vegas style casino to call home and at the same time made to feel very welcome. I really believe what you receive from them is a direct reflection of what you give to them (meaning attitude not money). These people have come a long way and in many ways deserve our respect...JtMM

 

[prankster]

Just some clarification here: State and Federal criminal law apply on reservations. All people in the US have the same rights in criminal courts. A tribal court will sometimes hear criminal cases that only involve tribal members, if all parties agree. This issue came up in the case involving the UAW and Foxwoods, where a judge ruled than an American Indian or an employee of a reservation has the same right to join a union as any other person in America. It is a myth that you can be beaten, raped or kidnapped on a reservation with no consequences under US law. Indian casinos exist because the federal law supersedes state laws and the tribes received permission from the US to build casinos, being there is no federal law against casino gaming. States may not negotiate or sign treaties with tribes, but states with tribal casinos have received federal permission to engage in compacts to work out the details like road-building and taxes remitted to the state.

State and Federal civil law do not apply on reservations in cases between the tribe and civilians because the tribes are said to have sovereign immunity just like any other government. If you fall down the stairs in an IJ you won't be able to sue the casino for negligence. If another patron assaults you, you will have criminal and civil recourse against that person. If a casino security guard assaults you, you will have criminal and civil recourse against the guard as an individual, but any judgment may be hard to collect if he has no assets or employment outside the reservation. If the casino decides not to pay you your winnings, you will have no recourse in state court but you may get some relief under Federal law. Unlikely, because these laws haven't been tested yet, but no casino wants to be the test case for this so they will probably just pay you rather than get the bad press.

So,if I'm detained for being a possible card counter would State or Federal laws against holding me against my will,(kidnapping) go into effect?:joker:

 

[Automatic Monkey]

So,if I'm detained for being a possible card counter would State or Federal laws against holding me against my will,(kidnapping) go into effect?:joker:

If you are detained for counting (a non-illegal act), yes. Of course they will never detain you for counting, they will accuse you of a criminal act, but they are still required to turn you over to the police of a US entity; they cannot hold you for trial or punishment under tribal law. Tribal police have basically the same rights as casino security where casino patrons are concerned. But I have heard stories about cars being confiscated in the parking lot. That's something you would need to remedy in civil court, and of course you will have no rights in a tribal civil court.

 

[blackjack avenger]

Always Prepared

So it appears we need to be very wary when outside the US including reservation casinos. Of course, shouldn't we always be?:joker::whip:

 

[Billy C1]

A different perspective

I'm fortunate in that the only Native American casino that I go to (with any frequency) has much of the same clientele as my business.
Not saying I can get away with murder there, but I'm sure they're fully aware of our relationships with mutual people (not only business, but some people in state government that negotiate gaming compacts with the tribes). Knowing media people is another positive.
In short, we have a shared respect because we both know the consequences would be dire if anything but an honest game happened either way.
Having said that, I tend to heed creeping panther's advice at all other Native places---------WALK SOFTLY!!!!!

BillyC1